MOU AZ DPS LE Training

City of El Mirage — Regular Meeting (2022-09-20)

Extracted text (via pymupdf) 17195 characters

MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE LAW
ENFORCEMENT TRAINING OPERATIONS BETWEEN THE STATE OF
ARIZONA-DEPARTMENT OF PUBLIC SAFETY AND THE
___________________________________________
# __________________

DO NOT REMOVE

THIS IS PART OF THE OFFICIAL DOCUMENT.

MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE LAW
ENFORCEMENT TRAINING OPERATIONS BETWEEN THE STATE OF
ARIZONA-DEPARTMENT OF PUBLIC SAFETY AND
_______________________________________

THIS AGREEMENT ("Agreement") is entered into as of the ________________
(“Effective Date”) between the STATE OF ARIZONA AND THE ARIZONA
DEPARTMENT
OF
PUBLIC
SAFETY
(“State”),
and
the
________________________________________________________
(“________________________________________________________________”), a/an
_______________________________________________________________________,
collectively known herein as the “Parties” and each individually as “Party.”

RECITALS

The Parties are authorized pursuant to A.R.S. § 11-951, et. seq., and the
respective provisions of their applicable Town/City/County charters, if any, and related
code and ordinances to enter into agreements to carry out public agency services.
Additionally, the Parties all perform the function of law enforcement within their respective
jurisdictions. Moreover, the Parties have a need for cooperative law enforcement training
operations between their respective jurisdictions. Therefore, in consideration of the mutual
promises and obligations set forth herein, and for good and valuable consideration the
receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows.

AGREEMENT

I.
PURPOSE OF THE AGREEMENT:

The Parties desire to enter into this Agreement for the purpose of conducting joint
law enforcement training or attending law enforcement training hosted by either Party.
Such training may include, but is not limited to, recruit and in-service academy training
and specialty schools for both sworn and civilian personnel.

II.
DEFINITIONS:

a. “Host Agency” means the Town/City/County sponsoring or conducting the
training.

b. “Non-Host Agency” means the Town/City/County that has sent
recruits/employees to train at a Host Agency.

c. “Partnering Non-Host Agency” means a governmental agency that is not a signed
party to this Memorandum of Understanding (MOU), but who has entered a
substantially similar MOU with the Host Agency.

III.
Duration, Renewal and Termination:

This Agreement shall become effective on the date it is adopted by the Parties, and
shall terminate June 30, 2027. This Agreement shall automatically renew for additional
five (5) year terms under the same terms and conditions, including any adopted
amendments in effect at the time of renewal.

This Agreement may be terminated by either Party, with or without cause, upon
thirty (30) days written notice to the other Party. Notwithstanding the foregoing, if the
Host Agency terminates this Agreement, such termination, unless for cause, shall not affect
the continued participation of any Non-Host Agency personnel currently attending a
training program.

IV.
Fees for Training:

The Parties, by and through their respective Chief of Police/Sheriff/Director, shall
execute a separate written agreement for each cooperative law enforcement training
operation listing specific terms that the Non-Host Agency shall pay to the Host Agency for
training that falls under the terms of this Agreement. Each such agreement shall be signed
by both Parties prior to the start of training. In establishing those fees, the Parties may
consider the nature and duration of the training, additional expenses associated with
participation by the Non-Host Agency, non-monetary contributions by the Non-Host
Agency in facilities, personnel or equipment, and the experience, value and goodwill
inherent in the Parties training together. The Chief of Police/Sheriff/Director of the Host
Agency, or their designee, has the discretion to waive—in whole or in part—applicable
fees for the Non-Host Agency, if it is determined to be in the best interest of the Host
Agency or in exchange for in-kind services, goods, or materials.

V.
Availability of Training:

Nothing in this Agreement requires either Party to host training or to provide seats
in any particular training class to a Non-Host Agency.

VI.
Training Records:

The Host Agency will provide original training records for Non-Host personnel
upon the completion of any training, completion of an in-service training academy, or
termination of the recruits’ attendance from an in-service training academy or other
training pursuant to this Agreement. The Host Agency will maintain records of lesson
plans, class rosters, and other documentation common to the class as a whole, according to
applicable Arizona State Library and Archives records retention schedules.

VII.
Equipment and Assistance With Training:

The Host Agency shall provide information to the Non-Host Agency that specifies
the equipment and materials that the Non-Host Agency must provide to its employee(s) in

order for the employee(s) to participate in the training program. The Non-Host Agency
agrees to provide such equipment to its employee(s) as a condition of participating in the
training program.

Upon reasonable request by the Host Agency and in consultation with and
concurrence of the Non-Host Agency, the Non-Host Agency agrees to provide instructors
or administrative assistance to the Host Agency. When the Non-Host Agency has facilities
such as a driving track, firearm range, etc. that can facilitate a specific training, the Non-
Host Agency agrees to allow the Host Agency to incorporate such facilities into the training
when feasible and in the best interest of all Parties.

VIII.
Discipline and Academic Requirements:

The Host Agency reserves the right—in its sole discretion—to decide whether the
employees from the Non-Host Agency are maintaining the minimum requirements
necessary to continue in the training. The Host Agency also retains the right—in its sole
discretion—to remove a Non-Host Agency employee from training for training, academic,
ethical, or disciplinary standards applicable to all law enforcement-training participants.

Host Agency, Non-Host Agency, and Partnering Non-Host Agency employees
shall be treated in the same manner for purposes of training, academics, ethics and
discipline. Should the need arise for an Internal Affairs investigation into the actions of a
Non-Host Agency employee, the Non-Host Agency will conduct the investigation of its
own employee(s).

The Host Agency will have the sole authority over (1) the curriculum and content
of instruction, (2) the training schedule and hours, (3) decisions about whether Non-Host
employees should remain in the training, and (4) the implementation and execution of
policies and procedures applicable to the training.

The Non-Host Agency understands, in certain training programs, the curriculum
will consist of the standard Host Agency training. Although some facilitation of cross-
training on Non-Host Agency materials may occur (when feasible), training based heavily
on policy and procedure shall focus on the policies and procedures of the Host Agency.

The Host Agency will maintain communication with the Non-Host Agency on
issues such as academics, physical fitness, discipline, Arizona POST requirements, or other
concerns that impact an employees’ ability to successfully complete the training program.
The Host Agency will consult with the Non-Host Agency if/when an employee of the Non-
Host Agency is in jeopardy of being separated from a training program for performance
issues.

IX.
Agreement to Hold Harmless:

Each Party shall indemnify, defend, and hold harmless the other Party and any of
its departments, agencies, officers, or employees from any and all claims, demands, suits,

actions, proceedings, loss, cost, and damages of every kind and description, including
reasonable attorneys’ fees and/or litigation expenses (collectively referred to in this
paragraph as the “Claims”), which may be brought or made against or incurred by such
Party on account of loss of or damage to any property or for injuries to or death of any
person, to the extent caused by, arising out of, or contributed to, by reasons of any alleged
act, omission, professional error, fault, mistake, or negligence of the indemnifying Party,
its employees, officers, directors, agents, representatives, or contractors (or their
employees, agents, or representatives) in connection with or incident to the performance of
this Agreement. The indemnifying Party’s obligations under this paragraph shall not extend
to any Claims to the extent caused by the negligence of the other Party. Each Party’s
obligations under this paragraph shall survive the termination of this Agreement.

X.
Contract Administrator:

The Contract Administrators for this Agreement are the Training Commanders of
the Parties’ agency/department/office, or their designees.

XI.
Notices:

All notices, requests for payment, or other correspondence between the Parties
regarding this Agreement shall be in writing and mailed or delivered to the respective
Parties as follows:

If to Arizona Department of Public Safety: Director
Arizona Department of Public Safety

2102 West Encanto Blvd.

Phoenix, AZ 85006

If to ____________________:

________________________________

XII.
Other Duties Imposed by Law:

Nothing in this Agreement shall be construed as relieving the Parties of any
obligation or responsibility imposed on it by law.

XIII.
Waiver of Terms and Conditions:
The failure of either Party to insist in any one or more instances on performance of
any of the terms or conditions of this Agreement, or to exercise any right or privilege
contained herein, shall not be considered as thereafter waiving such terms, conditions,
rights, or privileges, and they shall remain in full force and effect.

XIV.
Conflict of Interest:

The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to
conflicts of interest shall apply to this Agreement.

XV.
Compliance with Laws and Policies:

The Parties shall comply with all federal, state, local laws, rules, regulations,
standards, and Executive Orders, without limitation to those designated within this
Agreement. The laws and regulations of the State of Arizona shall govern the rights of the
Parties, the performance of this Agreement, and any disputes hereunder. Furthermore, the
Parties agree to abide by each Party’s policies to the extent appropriate and required or
permitted by law.

XVI.
Employment Status and Compensation of Law Enforcement Officers:

The Parties shall each provide workers’ compensation insurance, salary, benefits,
appropriate equipment, and uniforms for their respective employees.

Except as otherwise provided by law, specifically A.R.S. § 23-1022(D), in the
performance of this Agreement, each Party hereto will be acting in its individual
governmental capacity and not as an agent, employee, partner, joint venture, or associate
of the other. The employees, agents, or subcontractors of one Party shall not be deemed or
construed to be the employees or agents of the other Party.

XVII.
Workers’ Compensation/Posting:

Pursuant to A.R.S. § 23-1022(D), for the purposes of workers’ compensation
coverage, all employees of Host, Non-Host, and Participating Host Agencies training under
this Agreement shall be deemed to be an employee of all agencies. The parent agency shall
be solely liable for payment of workers’ compensation benefits. The Host Agency agrees
to provide any posting and notice to the employees, as required A.R.S. §23-1022(E) or
otherwise provided by law.

XVIII.
Compliance with Civil Rights:

The Parties to this Agreement agree to comply with A.R.S. Title 41, Chapter 9
(Civil Rights), Arizona Executive Orders 75-5 and 99-4, and any other federal or state laws
relating to equal opportunity and non-discrimination, including the Americans with
Disabilities Act. No Party shall engage in any form of illegal discrimination with respect
to applications for employment or student status or employees or students.

XIX.
Compliance with the E-VERIFY Program:

To the extent provisions of A.R.S. § 41-4401 are applicable, each Party warrants to
the other Party that they will comply with all Federal Immigration laws and regulations
that relate to their employees and that each now complies with the E-Verify Program under
A.R.S. § 23-214(A).

A breach of this warranty will be considered a material breach of this Agreement
and may subject the breaching party to penalties up to and including termination of this
Agreement.

The Parties retain the legal right to inspect the papers of any employee who works
pursuant to this Agreement, or any related subcontract, to ensure compliance with the
warranty given above.

Either Party may conduct a random verification of the employment records of the
other Party to ensure compliance with this warranty.

A Party will not be considered in material breach of this Agreement if it establishes
that it has complied with the employment verification provisions prescribed by 8 USCA §
1324(a) and (b) of the Federal Immigration and Nationality Act and the E-Verify
requirements prescribed by A.R.S. § 23-214(A).

The provisions of this Article must be included in any contract either Party enters
into with any and all of its contractors or subcontractors who provide services under this
Agreement.

XX.
No Joint Venture:

It is not intended by this Agreement to, and nothing contained in this Agreement
shall, be construed to create any partnership, joint venture, or employment relationship
between the Parties or create any employer-employee relationship between the Parties’
employees. Neither Party shall be liable for any debts, accounts, obligations, or other
liabilities whatsoever of the other Party, including, but without limitation, the other Party's
obligation to withhold Social Security and income taxes for itself or any of its employees.

XXI.
No Third-Party Beneficiaries:

Nothing in this Agreement is intended to create duties or obligations to or rights in
third parties not Parties to this Agreement or affect the legal liability of either Party to the
Agreement by imposing any standard of care with respect to the maintenance of public
facilities different from the standard of care imposed by law.

XXII.
Non-Assignment:

Neither Party shall assign its interest in this Agreement, either in whole or in part.

XXIII.
Severability:

If any part, term, or provision of this Agreement shall be held illegal, unenforceable,
or in conflict with any law, the validity of the remaining portions and provisions hereof
shall not be affected.

XXIV.
Governing Law, Dispute Resolution, and Jurisdiction:

The laws of the State of Arizona shall govern this Agreement. Venue will be in the
Maricopa County Superior Court. In the event of any litigation or arbitration arising out
of this Agreement, the substantially prevailing Party in such litigation or arbitration shall
be entitled to recover its reasonable attorneys’ fees, expert witness fees, and other costs of
litigation.

XXV.
Entire Agreement:

This Agreement represents the entire agreement between the Parties and supersedes
all prior negotiations, representations, or agreements, either expressed or implied, written,
or oral. It is mutually understood and agreed that no alteration or variation of the terms
and conditions of this Agreement shall be valid unless made in writing and signed by the
Parties.

SIGNATURES ON FOLLOWING PAGE

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day
and year set forth below:

State of Arizona, Dept. of Public Safety

__________________________________

Heston H. Silbert, Director

__________________________, _______

APPROVED AS TO FORM:
The
undersigned attorney acknowledges that
they have reviewed the above agreement
on behalf of the State of Arizona, and has
determined that this Agreement is in proper
form and is within the powers and authority
granted under the laws of the State of
Arizona.

APPROVED
AS
TO
FORM:
The
undersigned attorney acknowledges that
they have reviewed the above agreement
on behalf of _______________________,
and has determined that this Agreement is
in proper form and is within the powers and
authority granted to __________________
under the laws of the State of Arizona.

Philip Brailsford, General Counsel

__________________________, Attorney